Chapter 7 timeline question

[Doneygalpb]

Hello all. Just got off the phone with our attorney questioning the 73 days and no discharge. She said it usually takes 6 months from the time we filed which would put our discharge at sometime in January? Is this possible? We filed in Florida Middle District court as a no asset chapter 7 case July 27. We had our 341 on Aug 27 with no problems and the only flags that show on pacer are meansno and reaff. We have a reaff meeting with ford on the 20th. Are we really going to have to be stressed until then? Have you heard of this? Anyone else experience this?

[epiphany]

I'm on about day 73 too. Not worried about it. For one thing, the trustee didn't file the 341 meeting completion with no asset until around 12 days after it happened and the clock did not start ticking (on pacer anyway) until then. I have no red flags or anything in my history that would make me think it's not going to happen.

I'm not sure if the reaffirmation throws a wrench into the mix, but the six month figure for an average BK7 with no asset (and no reaff) is wrong. It is usually around three months. Could be your lawyer is just trying to give you the worst case scenario. However, there are members of this forum who have had to wait much longer. It just happens.

If you have not been aprised of anything funny in your case to this date, I wouldn't worry about it. It will come.

ep

[bkchap7filer]

Why do you have a reaffirmation hearing? I am pretty ignorant, but I thought if you had an attorney and filed the reaffirmation with the attorney validating the 'no hardship' piece, that you didn't do a hearing for the reaff. I thought the hearing was only if you were pro se. Like I said, though, I am pretty ignorant, so could be mistaken.

[Doneygalpb]

Our attorney's office standard policy is not to sign auto reaffirmations. That is why the reaff meeting.

[bkchap7filer]

Wow! Then did you pay them an extra fee for filing the reaffirmation? My attorney told me that I could pay them $75 per reaff or do the reaff myself without a fee. Given the fact that I am nervous about the reaff anyway and don't want to mess with any of this stuff myself, I thought $75 was a good deal. Best of luck with your reaff hearing. Your response makes me feel better about my situation, though, as I was not planning on a hearing since my attorney validated the "no hardship" piece before filing it.

[Doneygalpb]

No, I did not have to pay another fee for the reaff. We are reaffing two cars with Ford. I hope we can keep both but I am trying to keep an open mind and plans if we loose one of the cars. I can not tell you how this whole situation has aged me. I can't sleep, I cry alot, worry, and just went to the drs for medication for stomach problems due to stress. This whole situation is worse than death of a loved one to me. At least with the death I knew the outcome and I could begin dealing with it. This just seems to go on and on. I know once we are thru this it will be worth it.

[Cali]

We didn't have a reaffirm hearing w/ Ford for our Lincoln. The attorney sent us paperwork, with info to read and where to sign. I sent it back and that was it.

It took 3 months from beginning to end for our case to be over with.

[Doneygalpb]

I wish ours would be over in 3 months. The attorney tells us the court system is back logged in the Florida Middle District due to all the foreclosure and bks. I hope that is all the delay is.

[Cali]

I was surprised ours went so fast, because BKs are up big time here.

I wish ours would be over in 3 months. The attorney tells us the court system is back logged in the Florida Middle District due to all the foreclosure and bks. I hope that is all the delay is.

[AngelinaCatHub]

Hello all. Just got off the phone with our attorney questioning the 73 days and no discharge. She said it usually takes 6 months from the time we filed which would put our discharge at sometime in January? Is this possible? We filed in Florida Middle District court as a no asset chapter 7 case July 27. We had our 341 on Aug 27 with no problems and the only flags that show on pacer are meansno and reaff. We have a reaff meeting with ford on the 20th. Are we really going to have to be stressed until then? Have you heard of this? Anyone else experience this?

Doneygalpb. You should look up on PACER your personal representative under the BK Clerk. Call her. If all is done, she/he has the authority to close you on the spot. Remember one thing, if you don’t ask, your answer is always no. If you do ask, you have a 50/50 chance. ‘Hub and Mrs.

[Tbornetun]

The reason a lot of attorneys won't sign a reaff and would rather have a hearing is because if they sign it, they are testifying that it is not a hardship for you to continue the loan. In some cases, attorneys have been called on it later on down the road when the car is repossessed. They don't want to be liable for testifying that it is not a hardship for you. It is better to have the hearing and have the judge sign off on it.

Recently in our district, the judges have requested hearings on reaffs whether or not an attorney has signed it. They want to have a lot more say as to whether or not they should be approved. Also, for any of you out there that drive a car that is considered "luxury" BMW, Mercedes, Hummer, etc. (these were used as examples) one or two judges in our district have decided they WILL NOT approve a reaff. Luxury cars are exactly that, a luxury.